An unfair dismissal claim made by a former cleaner at a Ware school was refused by a judge – but he did find the worker had been underpaid holiday pay.

Mark Morris, who worked at Chauncy School from October 31, 2016, until July 10 of this year, appeared at Bury St Edmunds County Court yesterday (December 19).

He claimed he had been “pushed out” after being given “impossible” jobs.

Judge Martin Warren found Mr Morris was not an employee and therefore could not claim unfair dismissal.

But he did agree that holiday pay he was entitled to had been ‘rolled up’ – included within his basic hourly rate rather than being paid separately – which is illegal.

Mr Morris’ main job was to buff the school’s corridors and he told the court that this was made “impossible” when site manager Michael Wathen asked him to only use the buffer machine when facing forwards.

Representing himself, he said he told Mr Wathen that only using the machine in this manner – instead of facing backwards – would lengthen the process and keep him from finishing other jobs.

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According to Mr Morris, he asked for another task and was denied and eventually went home and did not return until August 31.

He also accused head teacher Dennis O’Sullivan of “short-changing” cleaners in their payslips.

“People trust you, you are the school head master. You can make up whatever figure you want [in the payslips], which is what you have pathetically done,” he said.

He then added in his closing remarks: “The truth is cleaners had no rights whatsoever under Mr O’Sullivan’s employment.”

However Mr O’Sullivan, defending the school, told the court that Mr Morris had been told to only use the buffer machine moving forwards after breaking two cables by using it while moving backwards.

He added that Mr Morris, who worked as a cleaner to earn money while he pursued his ambitions as a film maker, was not dismissed by anybody and left of his own accord.

“He came as a casual worker and he left as a casual worker,” he said.

Chauncy School head teacher Dennis O'Sullivan

However Mr O’Sullivan did admit that cleaners’ payments may need to be “put right” and said the school may have been given “wrong advice” on holiday pay by Hertfordshire County Council.

Judge Warren ruled that since cleaners are free not to attend on any day and not obliged to work they are not employees and therefore Mr Morris did not have grounds to claim unfair dismissal.

He added that even if Mr Morris was considered an employee he would still have rejected his claims of unfair dismissal, citing the long absence and emails “of a certain tone” that Mr Morris sent to Mr O’Sullivan after he stopped working at the school.

On the issue of holiday pay, however, the ruling favoured the claimant and the school was ordered to pay £359.38.

Judge Warren said: “Mr Morris was not an employee, there is no mutual obligation to work and they [cleaners] are free not to turn up.